Neal v. Secretary, Department of Corrections

Ricky Tyrone Neal, a Florida state prisoner represented by counsel, appeals the district court’s denial of his 28 U.S.C. § 2254 petition. We granted a certificate of appealability (“COA”) on the following issues: (1) Whether the district court erred in finding that Neal was not entitled to tolling under 28 U.S.C. § 2244(d)(2) while his motion for rehearing of the order denying his second Fla.R.Crim.P. 3.850 motion was pending where the state court concluded that the motion for rehearing was untimely filed, Fla.R.Crim.P. 3.850(g); (2) Whether the district court erred in finding that Neal was…